In the memo, the AFL-CIO highlights some two dozen accidents and alleged safety issues reported at Tesla, SpaceX, and The Boring Company since 2016 as the basis for its concern, some of which were the subject of recent OSHA investigations. In one incident reported to OSHA last year, a licensed electrician named Victor Joe Gomez Sr. was electrocuted and killed after being instructed to inspect electrical panels at Tesla’s Gigafactory in Austin, Texas, that OSHA determined had not been properly disconnected beforehand. (The case remains open, as Tesla is actively disputing it.)
Two separate OSHA citations at other Tesla factories involved fingertip amputations. At a SpaceX facility in 2022, an employee “suffered a skull fracture and head trauma and was hospitalized in a coma for months,” according to the final OSHA accident report, after experiencing what the agency described as a technical problem with a newly automated piece of machinery. SpaceX did not contest its OSHA citation and $18,475 fine.
Liz Shuler, the president of AFL-CIO, claims that a number of Tesla workers have repeatedly alleged to the federation that safety isn’t prioritized at the car company. The AFL-CIO works with the United Automobile, Aerospace & Agricultural Implement Workers of America (UAW), but it does not represent employees at Tesla or SpaceX.
“There are clearly some serious safety hazards in their facilities,” Debbie Berkowitz, former chief of staff and a senior adviser at OSHA under Obama, alleges, referring to Tesla.
After OSHA issues a citation, employers have the right to challenge it, and Tesla does this often, according to the agency’s public database. Of the 46 Tesla cases in which OSHA issued citations over the past five years, the memo cites 27 that remain open because the car company is actively disputing them with the agency. Two SpaceX cases and one Boring Company case remain open for the same reason. The cases can’t be closed until both OSHA and the companies agree on the terms of the citation, which may include associated fines and specific changes the company has to make to improve worker safety.
David Michaels, the assistant secretary of labor for OSHA under Obama, tells WIRED that, in general, big companies typically don’t have a financial incentive to challenge OSHA citations, since they usually are accompanied by fines costing only a few thousand dollars. However, a company isn’t required to address the specific hazard that led to an accident until after a case is closed. In order to avoid addressing these alleged problems, Michaels says that generally, some companies may be motivated to keep cases open.
“Some employers decide they don’t want to abate the hazard, they don’t agree with the citation, and they will spend many, many thousands of dollars fighting the case, and it’ll cost them far more than simply paying a small fine and abating the hazard,” Michaels says.
There is currently no evidence that Musk has access to any confidential databases at the Department of Labor that may contain personal information about whistleblowers. But former OSHA administrators say the agency does house records that would anonymize whistleblowers, as well as employees who participated in anonymous interviews with agency investigators.
